2007 (8) TMI 272

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... overed by dept. by coercive measures – however that duty can be adjusted towards interest & penalty – refund not allowable
Ms. Jyoti Balasundaram (Vice President) [Order per: Ms. Jyoti Balasundaram, Vice President]-The Assistant Commissioner of Central Excise confirmed a duty demand of Rs.1,86,125/- together with interest on steel formers manufactured and captively consumed in the process of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... before issue of show cause notice, further demand may not be legal and valid. The assessees have filed cross objections for refund of the amount of Rs.87,702/- and also for admissibility of modvat credit and of setting aside of interest and penalty. 2. I have heard both sides. 3. I see force in the submission of the learned SDR that although a time-barred demand for a sum legitimately payable m .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... assessees' final products, for which purpose the case is remanded to the adjudicating authority for passing fresh orders in accordance with law after extending a reasonable opportunity to the assessees of being heard in their defence. The prayer for setting aside interest and penalty is rejected in the light of the judgment of the Hon'ble Punjab & Haryana High Court in the case of CCE, Delhi vs. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X